At Taxopia, we help thousands of Aussie entrepreneurs and small business owners navigate registrations, tax compliance, and business setup. One of the most common questions we get is:
“Can I copyright my business name?”
The answer? No—you can’t copyright a business name in Australia.
But don’t stress. While copyright won’t help, there are several better ways to protect your business name legally and commercially. Let’s break them down.
Why Copyright Doesn’t Apply to Business Names
Under Australian law, copyright protects original creative works such as books, music, films, artwork, and computer code. This protection is automatic under the Copyright Act 1968 (Cth) and doesn’t require registration.
However, copyright does not extend to names, slogans, titles, or business names—no matter how unique they may be.
Example: “Koala Kombucha” can’t be copyrighted, but an original logo or brand jingle used in your marketing can be.
How to Actually Protect a Business Name in Australia
While copyright doesn’t help, there are several reliable methods to legally protect your business name in 2025. Let’s go step-by-step.
1. Register Your Business Name with ASIC
The Australian Securities and Investments Commission (ASIC) handles business name registrations. If you’re operating under a name that isn’t your personal name, you’re legally required to register it.
At Taxopia, we offer fast, compliant business name registration services to help get you started the right way.
What registration does:
- Allows you to legally trade under your chosen name
- Shows your business name on the national register
- Gives basic legitimacy to your brand
What it doesn’t do:
- Doesn’t give you exclusive ownership or usage rights
- Doesn’t prevent others from registering a similar name as a trademark
Fees (as of 2025):
- $42 for 1 year
- $98 for 3 years
Pro tip: Registering your business name is a legal requirement—not an optional extra. It’s the first layer of brand protection.
2. Register a Trademark with IP Australia
To gain exclusive legal rights over your business name, you’ll need to register it as a trademark. This is the strongest protection available.
Why trademarks matter:
- Prevent others from using your name (or a confusingly similar one)
- Provide protection under the Trade Marks Act 1995
- Allow you to take legal action if your brand is copied
Cost:
From $250 per class, using IP Australia’s PickList method
Processing Time:
Usually 3–4 months from application to approval
Start by checking your name’s availability through IP Australia’s trademark search tool.
Fast Fact: Over 88,000 trademark applications were filed in Australia in 2022–23—a clear sign that businesses are getting serious about brand protection.
3. Register Your Domain Name
If your business has (or will have) a digital presence, registering a .com.au or .au domain name is essential.
Why it matters:
- Protects your brand online
- Prevents impersonation or domain squatting
- Increases trust with customers
Use accredited providers like VentraIP, GoDaddy, or Crazy Domains. Be sure to match your domain closely with your registered business name.
Stat: Over 4.1 million .au domains are now registered in Australia.
4. Secure Social Media Handles
Even if you don’t plan to launch on social media immediately, it’s wise to secure your name early on major platforms.
Check handle availability on:
- TikTok
- X (formerly Twitter)
Use Namechk to check availability across platforms.
Tip: Consistent branding across social media platforms builds trust and recognisability.
5. Use Your Business Name Consistently
Even without a trademark, consistent use of your business name can create common law rights that may help you in legal disputes.
Use your name in:
- Invoices
- Contracts
- Marketing materials
- Social media
- Product packaging
The more visible and consistent your branding is, the stronger your legal standing becomes.
6. What If Someone Uses My Business Name?
If you have a registered trademark:
- Send a cease and desist letter
- File a complaint with the Federal Circuit and Family Court of Australia
- Take action under the Trade Marks Act
If you only registered through ASIC:
- You can’t stop others from using a similar name
- Your legal rights are limited without a trademark
This is why we strongly recommend trademark registration for serious business owners.
Summary Table: Ways to Protect a Business Name in Australia
| Protection Method | Ownership? | Legal Protection? | Cost (AUD) | Enforceable in Court? |
|---|---|---|---|---|
| ASIC Business Name | No | No | $42–$98 | No |
| Trademark Registration | Yes | Yes | From $250 | Yes |
| Domain Name Registration | No | No | Varies | No |
| Copyright (creative only) | Yes | Yes | Free | Yes |
| Social Media Handles | No | No | Free | No |
Final Thoughts from the Team at Taxopia
Copyright won’t protect your business name—but that doesn’t mean you’re stuck.
At Taxopia, we help small businesses across Australia with affordable, smart solutions to get started the right way. The best approach includes:
- Registering your business name legally via ASIC
- Trademarking your name with IP Australia
- Locking down your domain and social media handles
- Using your name consistently in your branding
By securing these elements early, you reduce the risk of legal trouble down the track—and build a more professional, trustworthy brand from day one.
Need Help with Business Name Registration?
Let us handle the admin. Register your business name now through Taxopia and get set up fast, legally, and affordably.
Have questions about trademarking, domain protection, or business setup? Get in touch—we’re here to help Aussie businesses start strong.
Would you like a free downloadable guide or checklist to go with this post? Just let us know, and we’ll whip one up for you!
FAQ: Copyright, Trademarks & Business Name Protection in Australia
- Register the name with ASIC to trade legally.
- Register it as a trademark through IP Australia to gain exclusive rights.
- Secure the matching domain name and social media handles.
- Use your business name consistently in branding and communications.
- They operate in different industries.
- One is only registered with ASIC (not trademarked).
- The trademark owner hasn’t enforced their rights.
- Your business name only
- Your logo only
- Or a composite mark that includes both
Ready to Register Your Business Name?
Take the next step with confidence. Whether you’re launching a side hustle or starting a full-time venture, we can help you get your business name registered correctly and quickly.
Get Started Today